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Solar Energy in New Jersey Hot Topics – Environmental NJSBA Annual Meeting

Solar Energy in New Jersey Hot Topics – Environmental NJSBA Annual Meeting. Presented by David Restaino, Esq. Fox Rothschild LLP May 19, 2011. Installation & Waste. Government Incentives Qualifying in Advance Think SRECs in Design Phase Pre-Contract Waste Who is the Generator?

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Solar Energy in New Jersey Hot Topics – Environmental NJSBA Annual Meeting

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  1. Solar Energy in New JerseyHot Topics – Environmental NJSBA Annual Meeting Presented by David Restaino, Esq. Fox Rothschild LLP May 19, 2011

  2. Installation & Waste • Government Incentives • Qualifying in Advance • Think SRECs in Design Phase • Pre-Contract • Waste • Who is the Generator? • Who has Contractual Responsibility? • Installation Waste + Soil Waste / Roof Waste • Important in the landfill and disposal context

  3. Solar Development Sites • Rooftops, Empty Lots, Telephone Poles … • Landfills & Brownfields • Example: Stafford Redevelopment Project • Redevelopment area incl. affordable housing & retail • Solar panels approved for closed landfill • Projection: 70% of energy from renewable sources • S-2126/A-3139 (Passed 1/2011 & Conditionally Vetoed 3/2011) • Encourages solar in Pinelands on landfills & closed resource extraction sites; makes solar a permitted use • Encourages wind energy generation on landfills & closed resource extraction sites; makes wind a permitted use • Veto seeks changes in Pinelands Area to better incentivize solar

  4. Environmental Permitting Concerns • Permitting • Local Land Use / Construction Code • “Clean” Incentives • State and Federal Requirements • Air Pollution Control Permits • Protection of Species (birds, bats, etc.) • Green Buildings / LEED and Other Certifications

  5. Other Impacts • Post-Construction Maintenance & Legal Compliance • Performance Metrics / Measuring Performance • Certifications, kilowatt hours, etc. • Time and Cost • How Much? How Long? • Power Purchase Agreements (PPAs)

  6. Reliability and Backup Power Concerns • Ensuring Reliability • Back-up Power Concerns (oil, diesel, etc.) • Temporary Equipment • Permitting and Lead Time • Zero Emissions, Zero Reliability ?

  7. Broader Impacts • Air Permitting and New Jersey Industry • Non-attainment areas • Emission limits “ratcheted down” • Attainment = less restrictions • Attainment = more industry? • Uncertainties • Lawsuits • Elections / Policy

  8. Contractual Concerns • Defining Objectives / Guarantees • Experience • Legal Compliance and who is legally responsible? • Guaranteed Performance? • Performance Metrics • Certifications and Proofs • Permitting & Waste Disposal • Maintenance • Who monitors, moving forward? • Insurance

  9. Insurance • Insurance Portfolio • Construction, General Liability, Professional Liability, Pollution Coverage, Green Upgrades / Rebuilds • Exclusions • Primary v. Excess Coverage • Additional Named Insured • Claims-Made or Occurrence-Based • Coverage Amount

  10. Corporate Policies • Securities and Exchange Commission (SEC) Guidance • For Publicly Traded Corporations • Shareholder Lawsuits • Internal Management • Track and Report Climate Change Impacts • Air and Water and ? • Flowing Up the “Supply Chain” • Trickling Down into Distribution • Impact on Suppliers and Distributors

  11. Sustainability and ISO 26000 • ISO 26000 - Guidance on Social Responsibility • Publication on November 1, 2010 • Guidelines, Not Requirements • Intended for Application to Organizations and Their Sphere of Influence • Shareholders and Enviro Groups will Focus • Defines The Environment as a Core Subject, and Goes Beyond Laws & Regulations … and Includes: • Life-Cycle Thinking • Use of Sustainable Resources

  12. Contact Information David Restaino, Esq. Fox Rothschild LLP 609.895.6701 drestaino@foxrothschild.com

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